Terms & Conditions
Pricing, payment and general terms and conditions
Learning about pricing, payment and general terms and conditions ensures that you get the most out of your agreement with Deliver in Hour.
Pricing
Pricing information for Deliver in Hour Parcel Services is provided on price sheets, available separately. The customer acknowledges that the base price for items shipped is determined by a number of factors, including, but not limited to:
• the service(s) selected;
• the service options selected;
• the weight of items;
• the origin and destination of the items;
• the number and location of induction points (postal facility where the items are posted);
• the volume commitment.
The customer acknowledges that it represents the above facts to Deliver in Hour and that Deliver in Hour relies upon them in determining the base price. These facts as represented to Deliver in Hour are known as the customer’s “Shipping Profile.” The customer acknowledges that material changes to its Shipping Profile must be promptly communicated to Deliver in Hour and that Deliver in Hour may thereupon amend the base price to reflect the change(s) on thirty (30) calendar days’ written Notice. Should the customer fail to communicate such change(s) to its Shipping Profile, and should Deliver in Hour learn of it notwithstanding, Deliver in Hour may amend the base price accordingly on thirty (30) calendar days’ written Notice.
General Terms and Conditions
Deliver in Hour is in the business of providing mail and other related delivery Products and Services. The parties wish to set out the terms by which Deliver in Hour will provide and the customer will use such Products and Services. In consideration of the mutual obligations specified in this Agreement, the parties agree to the following:
Definitions
“Affiliate” means an affiliated body corporate as defined by the Canada Business Corporations Act, as amended from time to time.
“Applicable Published Prices” means, with respect to each Product and Service, the applicable prices, including any applicable fees, charges or surcharges, and less any applicable rebates, set by Deliver in Hour and in effect at the time of mailing, as published and/or made available by Deliver in Hour for general application to its customers, as amended from time to time.
“Business Day” means a day other than Saturday, Sunday, a statutory holiday and any day normally observed as a holiday by Deliver in Hour.
“Fragile Items” means items of an inherently fragile nature such as, but not limited to, glass, framed glass, mirrors, crystal, ceramics, pottery, porcelain, china, perishable items or items requiring refrigeration or temperature-controlled transport.
“Item” means a single Item or mail piece prepared and mailed using one of the Products and Services in accordance with this Agreement.
“Products and Services” means any of the Products and Services, with the exception of the Priority Worldwide service, offered for sale as described in the Deliver in Houral Guide or other Deliver in Hour publication of application to commercial customers generally, including the applicable Customer Guide.
Deliver in Hour’s Obligations
Deliver in Hour agrees to deliver Items of each Product and Service mailed under this Agreement according to the applicable delivery standards set out in the Customer and of general application to Deliver in Hour’s customers, as amended from time to time. Unless expressly stated in this Agreement, delivery standards established by Deliver in Hour for its Products and Services are not performance guarantees.
Customer’s Obligations
The customer agrees to prepare and mail Items in accordance with this Agreement.
The customer agrees to purchase and pay for the Products and Services at the Applicable Published Prices specified in the Price Sheet, subject to any applicable rebates, plus all applicable fees, charges, surcharges and taxes. The Applicable Published Prices charged are subject to verification, correction and adjustment for any applicable fees, charges, surcharges and taxes.
The customer agrees to pay for the Products and Services purchased using the payment method(s) specified in the applicable Customer Guide.
If so specified in the Agreement, the customer agrees to meet the minimum volume of Items required per deposit or per annual commitment for each Product and Service.
If so specified in the Agreement for a Product or Service, the customer shall include an accurate electronic order, in such form as approved or stipulated by Deliver in Hour, with each mailing.
Criteria for Qualification
The customer is responsible for ensuring that all Items comply with the requirements set out in this Agreement, the Universal Postal Union (UPU) requirements and any receiving postal administration or designated operator requirements and the laws of the country of destination, all as may be amended from time to time. Items not complying with these requirements may not be mailed under this Agreement. Deliver in Hour retains the right to refuse to accept any Item that it, at its sole discretion, deems unacceptable.
All items are subject to pricing verification and correction in accordance with these Terms and Conditions. Items presented for mailing to Deliver in Hour may be verified to determine compliance with applicable Terms and Conditions. Items determined not to be compliant may, at the discretion of Deliver in Hour, be:
returned at the customer’s expense, to be made compliant by the customer, where possible;
processed and charged at the next or most appropriate Product or Service category, where available;
subject to a surcharge;
refused for mailing;
Deliver in Hour may correct the customer’s order documentation if it contains incomplete or incorrect information.
Deliver in Hour shall not be responsible for meeting any delivery standards, where applicable, for delays arising from the mailing of non-compliant Items.
Surcharges
Items mailed under this Agreement may be subject to one or more of the following surcharges and fees:
fuel surcharge;
oversize surcharge;
unpackaged surcharge;
manual document surcharge;
barcode label and address correction fee..
Currency
Unless expressly noted to the contrary, all monetary amounts are stated and shall be paid in Canadian currency.
Senders, on Behalf of the Customer
Deliver in Hour will accept Items sent by another party on behalf of the customer, provided that the sending of such Items complies with the Terms and Conditions of this Agreement. The customer shall require a Sender, on Behalf of the Customer, to abide by the Agreement. The actions taken by the Sender, on Behalf of the Customer, are deemed to be the actions of the customer.
Amendments
Deliver in Hour reserves the right to modify, discontinue Products or Services, or otherwise amend this Agreement, including prices, by giving the customer thirty (30) calendar days’ written Notice as specified in this Agreement.
Excusable Delay
Except for the customer’s payment obligations, neither party shall be liable to the other for any failure to perform, or delay in the performance of, any obligation under the Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, epidemics, labor disruptions, failures or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines, or other equipment if applicable, delays caused by customs authorities, provided that the party experiencing such circumstances immediately notifies the other party in writing of the circumstances and minimizes, to the extent reasonably practicable, the impact of such circumstances on the performance of the obligations under the Agreement.
Limitation of Liability
Deliver in Hour reserves the right to independently review and verify any and all claims made by the customer arising from missed delivery and/ or service commitments.
Except as specified below, Deliver in Hour shall not be responsible for any direct, indirect, general, special or consequential damages whatsoever arising out of this Agreement.
Exclusions and Restrictions on Certain Items
Notwithstanding anything to the contrary and regardless of whether other Items were included in the shipment:
Deliver in Hour shall have no liability for loss or damage of shipments containing:
• bank notes or coins, with the exception of collectors bank notes and collectors coins specified in 8.3.21.4 b) below;
• stocks;
• bonds;
• negotiable premium coupons, or other securities or other instruments, whether financial or legal, that are negotiable by the bearer, coupons (excluding gift certificates);
• lottery tickets;
• trading stamps;
• travellers’ cheques;
• liquid and dry patient specimens including biological specimens;
• cremated remains;
• organs;
• animals
Deliver in Hour shall have no liability for damage of shipments containing Fragile Items. Fragile Items include but are not limited to ceramic, glass, porcelain, mirrors, crystal, pottery, china, perishable items or items requiring refrigeration or temperature-controlled transportation.
Deliver in Hour shall have no liability for damage of shipments containing Electronic Goods that are shipped in any packaging other than
• the manufacturer’s original packaging, which is undamaged and has retained its intended shape and strength;
• Deliver in Hour’s packaging for the shipment of electronics, including, but not limited to tablets and smartphones.
Deliver in Hour will not accept to deliver any of the following products:
Obligation to Repair, Replace or Pay Indemnity
Deliver in Hour may, at its option, replace or repair the shipment or Item lost or damaged, or may pay the customer an indemnity as described herein.
Payment of Indemnity
If Deliver in Hour elects to pay the customer an indemnity, Deliver in Hour’s liability is limited to paying the customer an amount equal to:
the lesser of:
the actual value (either the sender’s cost, retail cost, repair cost, depreciated value or replacement value deemed appropriate by Deliver in Hour); or
ii) the amount of liability coverage purchased at the time of shipment less any compensation received by the claimant from any other source; plus
shipping charges; these include base shipping fees, cubing adjustments, credit for overdeclared weight where detected and a fuel surcharge; shipping charges exclude charges for options (Signature, Signature Hard Copy, Proof of Age, Proof of Identity, Liability Coverage).
No payment will be made for any expense incurred by the sender or the addressee in submitting a claim for a payment. No interest is payable on any claim payment.
When no coverage was included or purchased and Deliver in Hour is liable for the loss or the damage, the postage fee will be refunded. The value of the Item must be declared on the shipping documentation. All indemnity payments will be made to the sender of the Item. If a lost shipment is subsequently found after a claim has been paid, then the sender or the addressee may take delivery of the shipment, provided that Deliver in Hour is repaid for the indemnity, and the shipment is picked up within three months from the date that Deliver in Hour sends Notice that the shipment has been found. Deliver in Hour reserves the right, at its sole discretion, to retain any damaged item if the indemnity is paid in full.
Blanket Exclusion From Liability
No claim shall be paid for a shipment where:
Deliver in Hour shall have no liability for loss or damage of a consequential, remote or indirect nature arising from, or in any way connected with Deliver in Hour’s failure to deliver or failure to deliver time-sensitive mailings on time. Such loss or damage shall expressly include, but shall not be limited to loss or damage arising from the mailing of tenders, proposals, court documents, or solicitations of any kind.
Deliver in Hour shall have no liability for loss, delay or damage of Items mailed to destinations outside of Canada containing prescription or non-prescription drugs, or other Items that may be subject to export or import prohibition or restriction.
No claim shall be paid for a shipment where:
a common carrier would have been exempt from legal liability;
the shipment was lost or damaged due to events not reasonably foreseeable or controllable;
the shipment was of a commercial nature and was not requested;
the claim is a result of the customer’s failure to comply with the requirements applicable to the service selected, including items that do not fall within our product specifications and/or not adequately packaged to ensure safe transit through our network;
the loss or damage was in respect of a shipment that contained an Item excluded from coverage; viii)the loss or damage was wholly or partially the fault of the sender;
the injury or damage was not a direct result of the loss, damage, delay, non-delivery or misdelivery of any parcel;
the shipment was delivered without any complaint or evidence of loss or damage, or insufficient evidence of loss or damage was produced; or
the addressee or sender fails to co-operate with Deliver in Hour’s investigation.
Making a Claim for Loss or Damage
Deliverinhour is not responsible for any kind of loss and damage
- Loading and unloading
The driver is not responsible for loading and unloading.
We are not responsible for any damage or injury which happens to the driver due to loading and unloading.